Third Party Review in US Registration Process

audit report verification magnifier 3737447

Richard Rimer

May 25, 2022

What’s in a name?  A brand is the ultimate form of shorthand found in commerce, but it’s only effective if it’s distinct.  I use legal tools to help you maintain that distinctiveness.

Third step in the brand registration process is a review by third parties.  The USPTO publishes applications that have passed their review, and third parties then have 30 days to formally oppose any applications which may affect their rights.  Fewer than 2% of applications are opposed, and the vast majority of those oppositions were fully expected.

What happens if your applications sail through the first stages, but then an industry leader opposes your applications and sends a demand letter?  This situation is real and it can derail your registration if it is not handled properly. I’ve been through this process dozens of times—I used to be the lawyer for those industry leaders. I know what is motivating them and can likely find a solution to resolve the stalemate, without requiring you to give up important rights.

Are you constantly harassed by a former employer? Have they asked you to stop using certain brand names, and even threatened to challenge your registrations? Call me and I will find a solution.

0 Comments